Court No. - 40
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48741 of 2018 Applicant :- Ashwani Alias Rony Opposite Party :- State Of U.P.
Counsel for Applicant :- Bipin Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It is contended by the learned counsel for the applicant that the co-accused Devendra Saini @ Pappu Saini has been granted bail by another Bench of this Court vide order dated 20.5.2016 passed in criminal misc. bail application no.14163 of 2016. He further submits that role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail on the ground of parity. It is next contended that the applicant has been falsely implicated in the present case. He is in jail since 13.9.2018 and in case he is released on bail, he shall not misuse the liberty of bail.
On the other hand, learned AGA opposed the prayer for bail.
Considering the submissions of the learned counsel for the parties, the fact that the identically placed co-accused has already been released on bail by this Court, without expressing any opinion on the merits of the case, the Court is of the view that it is a fit case for bail. The bail application is allowed.
Let the applicant Ashwani alias Rony involved in Case Crime No. 212 of 2015 (Case No.1070 of 2016) under Sections 147, 148, 149, 120-B, 506, 302 I.P.C., P.S. Gorakhnath, District Gorakhpur be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, complainant is free to move an application for cancellation of bail before this Court.
Order Date :- 19.12.2018
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